Matter of Zembiec v County of Monroe
2011 NY Slip Op 06756 [87 AD3d 1358]
September 30, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 9, 2011


In the Matter of Thomas C. Zembiec, Respondent, v County of Monroe, Appellants. (Appeal No. 1.)

—[*1] David Van Varick, County Attorney, Rochester (James L. Gelormini of counsel), for respondents-appellants.

Christina A. Agola, PLLC, Rochester (Christina A. Agola of counsel), for petitioner-respondent.

Appeal from a judgment of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered January 15, 2010 in a proceeding pursuant to CPLR article 78. The judgment, among other things, adjudged that petitioner's application for a judgment to annul respondents' determination is held and remitted to the parties for additional information.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Smith, J.P., Centra, Carni, Green and Martoche, JJ.